TNAG-0719-FCO40-917-Capital-punishment-in-the-Dependent-Territories-1978 — Page 85

'Gro44.2

PRIORITY

CYFULR CAT A

FM TORTOLA 121853Z

HW 380/501/1

BLVD NG MAY NO.

24 OCT 1977

10

CONFIDENTIAL

12.

PA

TO PRIORITY FCO TELNO PERSONAL 19 OF 12 AUGUST FOR HKGD

N 7.

YOUR TEL TO BELMOPAN PERSONAL 76 OF 9 AUGUST CAPITAL PUNISHMENT IN DEPENDENT TERRITORIES

B

OPTIONS 1 OR 2 WOULD REQUIRE AMENDMENT OF BVI CONSTITUTION AND OPTION 5 13 OPEN TO OBJECTION THAT A DIFFERENT DECISION IN LONDON WOULD UNDERMINE AUTHORITY OF GOVERHOR AND WOULD PLACE LOCAL MERCY COMMITTEE IN AN IMPOSSIBLE POSITION. OPTION 5 IS LEAST OBJECTIONABLE COURSE WITH OPTION 4 AS AV ALTERNATIVE. 2. MY VIEW ON EFFECT OF POSSIBLE ABOLITION IN THIS TERRITORY IS THAT APART FROM A FEW CHURCH LEADERS IT WOULD BE UNANIMOUSLY AND VEHEMENTLY OPPOSED BY THE WHOLE COMMUNITY. INITIAL LOCAL REACTION WOULD PROBABLY NOT BE VIOLENT BUT VIOLENCE COULD ERUPT

SHOULD THERE BE A CONVICTION IN PENDING MURDER TRIAL AND SUBSEQUENT COMMUTATION, PARTICULARLY IF COMMUTATION SHOULD BE CONTRARY TO VIEWS OF LOCAL MERCY COMMITTEE.

1

3. THE STRENGTH OF LOCAL FEELING ON THIS ISSUE SHOULD HOT DE UNDER- ESTIMATED. IT IS BASED NOT ONLY ON BRITISH LAN BUT ON A BELIEF THAT OUR RELATIVE FREEDOM FROM OFFENCES AGAINST THE PERSON (PARTICULARLY AS COMPARED WITH USVI) 13 DUE TO RETENTION OF CAPITAL PUNISHMENT. ANY DECISION TO ABOLISH IS BOUND TO BE COMPARED ADVERSELY WITH MOVES IN THE US TO RESTORE. SUCH A DECI-

! STON MAY ALSO BE REGARDED LOCALLY AS LITERFERENCE IN A DOMESTIC ISSUE WHICH IS CONTRARY TO CONSTITUTIONAL STAGE REACHED BY THE

TERRITORY.

4. IN THE EVENT OF A DECISION TO PROCEED WITH ABOLITION I WOULD HOPE THAT AN ANNOUNCEMENT COULD DEFERRED UITIL AFTER LOCAL

MURDER TRIAL IN EARLY OCTOBER AND AFTER ROYAL VISIT ON 26 OCTOBER.

WALLACE

FILES

HKOG D

WIAD

MANDCD

RES. D

MR POSNETT

COPIES

MR BICKFORD,

SIR.C.ROSE MR.G. DEWINTON MR.A.M.F. WEBB MISS. M. A. CLAYTON

CONFIDENTIAL

ΤΟ

LEGAL ADVISERS CABINET OFFICE

Г

C O

HOME OFFICE.